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Legal thoughts on how to merge trade facilitation and safety and security

Institute of Tax Law Prof. Dr. Hans-Michael Wolffgang

Department of Customs and Excise


I. Introduction II. Some theoretical considerations 1.Hard Law versus Soft Law in a bid to get the Suitable form of Legislation 2. Can Customary International Law work? 3. A Case for an International Agreement on Trade Facilitation and Security

Prof. Dr. Hans-Michael Wolffgang, University of Muenster/ Germany


III. Trade Facilitation, Safety and Security under the World Customs Organization 1.A comparison of some of the provisions of the SAFE Framework which are already catered for in the Revised Kyoto Convention 2. Trade Facilitation and Security are different sides of the same coin Prof. Dr. Hans-Michael Wolffgang, University of Muenster/ Germany


IV. Trade Facilitation, Safety and Security under the WTO 1.Publication and Availability of Information 2. Disciplines on Fees and Charges imposed on or in connection with Importation and Exportation 3. Freedom of Transit 4. Other Trade Facilitation / Supply Chain Security-related Provisions Prof. Dr. Hans-Michael Wolffgang, University of Muenster/ Germany


V. Proposal: Merging Trade Facilitation and Security under the WCO and WTO auspices Alternative 1: Building hard law in WCO; creating a dispute settlement mechanism Alternative 2: Incorporating safety and security into TF agreement of WTO; creating Technical Committee on TF and Security managed by WCO Prof. Dr. Hans-Michael Wolffgang, University of Muenster/ Germany


Panel 2 Hans Michael Wolfgang (Alemania)